By continuing to use our site, you agree to our Private Policy and Terms of Use.
The law, which went into effect July 1, prevents minors from getting any type of health care without parental consent.
An Idaho law enacted partly to prevent transgender youth from obtaining gender-affirming care could impede investigations into the sexual abuse of children.
Senate Bill 1329, passed by the legislature and signed into law by Republican Gov. Brad Little in March, bars health care workers from providing services to anyone under 18 without parental consent, except in certain emergency circumstances. It took effect July 1.
This means, among other things, that minors can’t get sexual assault exams without parental consent, notes Idaho Reports, a program of Idaho Public Television. “This becomes problematic if the perpetrator of the child’s sexual assault is a parent, family member, or close family friend, according to Deb Wetherelt, Idaho State Police sexual assault nurse coordinator,” the show reports.
Ninety-three percent of those who sexually abuse children know their victims, and 34 percent are family members, as estimated by the Rape, Abuse, and Incest National Network.
“So what I’m going to do as a nurse, if a child comes in and says, ‘My stepdad did this to me,’ and mom says ‘she’s a liar, she’s been nothing but a liar since she’s 8 years old, this is not true. He would never do that.’ And I will tell you that happens all too often as well,” Wetherelt told Idaho Reports.
“At that point, I’m calling law enforcement, who will also initiate a call to [Child Protective Services] to do an assessment,” she said. But that can delay the gathering of evidence, she added, and can have negative impacts on the child’s mental health.
Previously, anyone 14 or older could provide informed consent for the exams, she said. Other types of care that young people could previously access without parental consent included contraceptives, for those 14 and older, and substance abuse treatment, for those 16 and older, according to the Idaho Press.
The law was enacted in the name of parental rights. It passed along party lines, with Republicans in favor, Democrats against. Republicans hold the majority in the legislature.
Idaho had already banned gender-affirming care for trans people under 18, making it a felony to provide such care. The U.S. Supreme Court ruled in April that this law can be enforced while a suit against it is heard.
Of SB 1329’s consequences for sexual assault victims, Senate Majority Leader Kelly Anthon told Idaho Reports, “It was certainly not the intent of the law to limit police investigation of these kinds of crimes. I will be happy to look at the language of the statue to see if a change is needed. To my knowledge, no one from the Idaho State Police has contacted me on this matter.”
Senate Minority Leader Melissa Wintrow, who voted against the bill, told the program, “I was begging people to not pass that bill because not all parents have the best intentions in mind. You have to have an escape hatch for youth and their health.”
On the day the law went into effect, family physician Crystal Pyrak spoke out about it in a commentary piece for the Idaho Capital Sun.“It’s crucial for Idaho residents to remain vigilant about any negative impacts resulting from this new law,” she wrote. “If you observe instances where minors are denied access to necessary health care services or if you notice a disruption in community health initiatives, Idaho legislators should know. While the intent behind the legislation may be rooted in good intentions, any law that hampers patient-provider relationships or instills undue fear among health care providers risks causing unintended harm.”
